SCENESETTER: DHS SECRETARY CHERTOFF'S VISIT TO

S E C R E T SECTION 01 OF 03 BERLIN 001570

SIPDIS

SIPDIS

DHS FOR OFFICE OF INTERNATIONAL AFFAIRS
LONDON FOR SEC. CHERTOFF'S PARTY

E.O. 12958: DECL: 06/07/2016
TAGS: PTER KJUS PREL PGOV KHLS GM
SUBJECT: SCENESETTER: DHS SECRETARY CHERTOFF'S VISIT TO
BERLIN


Classified By: Charge d'Affaires a.i. John Bauman for
reasons 1.4 (b) and (d).


1. (C) Summary. Your visit to Germany gives Interior
Minister Schaeuble, a loyal ally in the war on terror, his
long-awaited chance to discuss with you personally ongoing
and additional bilateral cooperation. Your visit also lets
you thank former Minister Schily, who enjoys good relations
with Schaeuble despite coming from the other party in the
coalition, for years of close and effective bilateral ties.
Our relationship with Schaeuble, as with his predecessor, in
fighting terrorists and strengthening security, while
excellent, is sometimes limited or hampered by our differing
legal systems and EU restrictions, as well as by skepticism
on the part of the German public. Given Schaeuble's
counterterrorism convictions, he may be able to break logjams
and find new ways to work more closely with the U.S., for
example, in fingerprint sharing. He has spoken publicly
against the detention of German resident Murat Kurnaz in
Guantanamo -- Schaeuble may raise this or other sensitive
cases in the War on Terror. In addition to the focus on
advancing the excellent relations with Germany in the fight
against terrorism, your meetings are an opportunity to
examine how we can work together on these issues within the
EU and broader global contexts. End Summary.

Schaeuble on Counterterrorism
--------------


2. (C) Wolfgang Schaeuble (like Chancellor Merkel, a
Christian Democrat) is outspoken in the "grand coalition"
government with the Social Democrats in urging more
aggressive German counterterrorism actions. His stances have
sometimes attracted criticism even from fellow ministers
(e.g., Justice Minister Zypries),but he persists and
prevails: After the Constitutional Court ruled the German
military may not shoot down hijacked airliners in an
emergency, Schaeuble called for a new law to make it
possible. Schaeuble seeks preventive detention to prevent
terrorist attacks, a concept the Justice Ministry opposes.
He successfully lobbied and obtained a limited role for the
German military to help support security requirements of the
Soccer World Cup. While he speaks out against the Guantanamo
facility, he supports interrogations to prevent terrorism.


3. (C) Schaeuble directed his ministry to expand on former
Minister Schily's proposal of a third post-9/11 package of
law changes to strengthen further Germany's counterterrorism
regime. The draft may include key elements the U.S. seeks,
including broader powers for German law enforcement and
better and more integrated databases. Schaeuble also seeks
immigration reforms to promote integration and simplify
deportation of extremists. He recently broke new ground by
announcing his intention to meet directly with
representatives of a number of Muslim organizations that the
government considers -- at least potentially -- subversive.
You may want to ask him about his priorities and the draft
law's prospects.

Eager for USG Interaction
--------------


4. (C) Schaeuble, a devoted and long-standing
trans-Atlanticist, sought meetings with U.S. counterparts as
soon as he took office to show strong bilateral
counterterrorism cooperation and has repeatedly invited you
to visit. Schaeuble admits it is difficult for him to travel
because he is confined to a wheelchair due to an
assassination attempt in October 1990, nine days after
reunification, by a mentally unstable person. Nonetheless he
told his staff he was ready to travel to Washington if U.S.
counterparts could not come to Berlin. For your visit, he
told his staff to be as flexible as possible to meet U.S.
needs.

U.S. Priorities
--------------


5. (C) The over-arching U.S. Mission priority in
counterterrorism is expanding information sharing -- and
opposing EU efforts that would complicate or even ruin
existing information sharing channels. There are several
examples where Schaeuble could be helpful in achieving
results.


6. (C) To promote Homeland Security Presidential Directive

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Six (HSPD-6),the Embassy presented the Interior Ministry
with a proposal to share up to four categories of fingerprint
data: individuals convicted, those under investigation, those
suspected of a crime, and those Germany lists as posing a
threat (the "Gefaehrderliste" of possible terrorists). A
positive outcome would help several DHS agencies, including
ICE and USSS. The Ministry has not formally responded to the
proposal, but State Secretary Altmeier recently said Germany
had not rejected it. It would be useful to tell Schaeuble we
are prepared to be flexible and remind him of what he has
said publicly repeatedly: the fight against terrorism
requires information sharing to defeat common threats.
Germany needs to find a way to make increased fingerprint
sharing possible.


7. (C) German data privacy laws and public attitudes towards
privacy and information sharing complicate currently robust
and informal bilateral law enforcement cooperation -- and
proposed new EU mechanisms may make things even worse.
Germany's history makes Germans apprehensive about what
authorities know and how they handle, share, and store date.
But simply put, German privacy procedures hinder efforts to
investigate and prosecute individuals by dictating logistical
requirements such as the computer and software system that
handles the data. New EU privacy directives may require data
privacy commissioners to approve each instance of data
sharing -- a recipe for gridlock. Another EU effort laudably
improves data sharing among EU member states, but could
complicate it with third countries like the U.S. Your
conversations are an opportunity to sensitize Schaeuble to
the threat to ongoing cooperation these initiatives
represent, with an eye toward German influence in the EU and
the possible ways the U.S. and Germany can work together in
Brussels and the EU.

Issues Schaeuble May Raise
--------------


8. (C) Schaeuble's staff tell us he will raise:

-- Germany's 2007 EU and G-8 Presidency: You should urge him
to ensure that German interest in energy security, the EU
constitution, and other issues emerging on the German agenda
should not prevent counterterrorism from also being a German
priority.

-- World Cup Security / Data Sharing: Your visit comes during
the middle of German and global World Cup fever. DHS has
been a key part of the U.S. effort to help Germany secure the
World Cup: ICE officers are working in German Operations
Centers, TSA has heightened Air Marshal and airport
inspections, and it was then-Acting Under Secretary
Beardsworth who initiated the current sharing of relevant
parts of the Terrorist Screening Database to screen those
accredited to World Cup venues. The Ambassador and Schaeuble
agreed in their first official meeting to be the channel for
requests / offers of U.S. assistance. We provided all
Germany asked and more. Your talks are an opportunity to
emphasize that we have shown our willingness to enhance data
sharing; we are prepared to consider other German requests
for data sharing and would welcome more sharing from Germany
as well.

-- Biometrics / Visa Waiver Program (VWP): The German
biometric ePassport, introduced in late 2005, is not
compulsory for children under age 14. German officials call
the Visa Waiver Program requirement for biometric passports
for all children unnecessary and inappropriate. The Embassy
has repeatedly told the Interior Ministry at several levels
that the U.S. stance is firm, but Germany continues to hope
they will arrange an exception or relaxation of U.S. rules
for Germany. The U.S. displayed its ePassport late May in
Berlin at an Interior Ministry conference.


9. (C) Other Issues he may also raise include:

-- Biometric Pilot Project: The Interior Ministry has
proposed a bilateral project to enable vetted frequent
travelers to speed through arrival/departure formalities.
Germany, however, prefers iris scans as the biometric
identifier. There have been several rounds of discussions in
recent months but no agreement to move forward.

-- Bag Scanning: Germany manufactures luggage scanning
machines which have not received TSA approval; German
officials claim a U.S. bias against them. Germany may seek

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reciprocal approval of each others' bag scanning machines in
a U.S.-EU Open Skies agreement.

-- Recent European Court Passenger Name Records (PNR)
decision: The European Commission stated it will not seek to
reopen the agreement but rather find another mechanism to
enact the existing agreement. Reopening the agreement is
dangerous: European voices will call for less data transfer.
You should tell Schaeuble the PNR agreement should not be
changed and you could share DHS thinking about future efforts
that may one day complement or replace PNR.

Sensitive Cases
--------------


10. (S) A German Bundestag investigation committee is
researching German intelligence service activities, alleged
CIA rendition over-flights and transit stops, and the alleged
CIA detention of German citizen al Masri. These issues
remain sensitive across the German political spectrum.
Schaeuble stated publicly in late March the U.S. would "soon"
release German resident / Turkish national Murat Kurnaz from
Guantanamo. Negotiations are ongoing and involve promises by
Germany to monitor Kurnaz in Germany after his release. The
German Federal Office of Criminal Investigation (BKA) and
Federal Office for the Protection of the Constitution (BfV -
internal security service),both of which report to
Schaeuble, would be responsible for the surveillance. German
concerns over alleged renditions and detentions do not now
appear to pose a threat to German-American cooperation, but
they could complicate German public efforts.

U.S. Domestic Issues
--------------


11. (SBU) Headlines in the U.S. often become headlines in
Germany. You can expect either Schaeuble or those at your
press event to ask questions about the aftermath of Hurricane
Katrina and the future of FEMA. On Katrina, it would be
gracious to thank your hosts for the high speed pumps and
humanitarian assistance Germany sent while Schily was
Minister. The official German civil engineering response
group (Technisches Hilfswerk or THW),which falls under the
Interior Minister, sent 97 people to New Orleans and the
south to help with the pumps and other relief activities.
The proposed U.S. border fence with Mexico and the recent
U.S. public demonstrations by immigrants may also come up
with Germans mistakenly finding parallels with their own
past. Germany has been debating language and cultural/social
tests for naturalization and people are interested in U.S.
policies.
BAUMAN